Suraj Kanabhai Vs. State of Gujarat - Court Judgment

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION No. 13286 of 2011

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SURAJ

KANABHAI - Applicant(s)

Versus

STATE

OF GUJARAT - Respondent(s)

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Appearance :
MS

SNEHA A JOSHI for Applicant(s) : 1,
MR KL PANDYA ADDITIONAL PUBLIC

PROSECUTOR for Respondent(s) :

1,
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Date

: 04/10/2011

ORAL

ORDER

1. This

is an application preferred under Section 439 of the Code of Criminal

Procedure by the applicant who came to be arrested in connection with

CR No. I-91 of 2010 registered at Jamnagar Panchkoshi “B”

Division Police Station, for the offence punishable under Sections

302, 323, 324, 325, 504, 143, 147, 148, 149 of the Indian Penal Code

and Section 135(1) of the Bombay Police Act.

2. Learned

advocate Ms. Joshi for the applicant submitted that the applicant is

an innocent person and he has been wrongly implicated in the

commission of the offence. She also submitted that prima facie, the

main ingredients of the offence are not established against the

applicant. Only one injury is found on the body of the deceased and

looking to the provisions of Section 299, the main ingredients about

knowledge and intention are not established. Therefore, the applicant

may kindly be released on bail by imposing suitable conditions.

3. Learned

APP Mr. Pandya for the State submitted that considering the

seriousness of the offence, in which the applicant is involved, the

application of the applicant is required to be rejected.

4.

Having considered the rival submissions and on perusal of the role

attributed to the applicant as reflected in the FIR, police papers,

provisions of Sections of the IPC and quantum of punishment and the

fact that prima facie, the ingredients of the offence alleged against

the applicant are not attracted, I am of the view that the applicant

deserves to be enlarged on bail. This court is not entering into the

detail discussion of the evidence at this stage of bail.

5. In

the facts and circumstances of the case, the application is allowed

and the applicant is ordered to be enlarged on bail in connection

with CR No. I-91 of 2010 registered at Jamnagar Panchkoshi “B”

Division Police Station, on executing a bond of Rs.10,000/- [Rupees

ten thousand only] with one surety of the like amount to the

satisfaction of the Trial Court and subject to the conditions that he

shall:

[a] not

take undue advantage of his liberty or abuse his liberty;

[b] not

act in a manner injurious to the interest of the prosecution;

[c] surrender

his passport, if any, to the lower Court within a week;

[d] not

leave the State of Gujarat without the prior permission of the

Sessions court concerned;

[e] furnish

the present address of his residence to the I.O. and also to the

Court at the time of execution of the bond and shall not change his

residence without prior permission of this Court;

[f] maintain

law and order.

6. If

breach of any of the above conditions is committed, the Sessions

Judge concerned will be free to issue warrant or to take appropriate

action in the matter.

7. Bail

bond to be executed before the lower Court having jurisdiction to try

the case.

8. At

the trial, the Trial Court shall not be influenced by the

observations of preliminary nature, qua the evidence at this stage,

made by this Court while enlarging the applicant on bail.

9. Rule

is made absolute to the aforesaid extent. Direct Service is

permitted.

(Z.K.SAIYED,J.)

ynvyas